Will Preparation in Jacksonville, Arkansas

In Jacksonville, Arkansas, many of the complications that sometimes come with a will, such as would-be beneficiaries challenging its validity, or devises which don't make it clear who gets what (resulting in costly and time-consuming litigation) can be avoided if the will is well-drafted in the first place.

The process of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up a complicated trust arrangement.

However, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A brilliant Jacksonville, Arkansas wills and trusts lawyer can help you avoid these problems.

A considerable percentage of the problems that prevent wills from taking effect are caused by failing to follow the required formalities in will preparation. In most states, wills need to be witnessed and signed by at least two people who have no direct interest in the matter. They also have to include a clear written statement that the document is, in fact, the testator's will. It also has to be witnessed by at least two people. Witnesses cannot be anyone who has a direct interest in the will, which includes close relatives of the testator and anyone who's named in the will.

Holographic Wills in Jacksonville, Arkansas

In some states, "holographic wills" are valid. A holographic will is written by hand, in the testator's own handwriting. Such will do not need to have any witnesses to be valid.

Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of really being implemented, since they will rarely be invalidated on technicalities.

You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities required by the laws of the state it is made in.

If your estate is relatively small, and the devises you wish to make aren't very perplexing, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.

How Can A Jacksonville, Arkansas Lawyer Help?

Because of the formalities required in drafting wills, it's never a bad idea to have a brilliant Jacksonville, Arkansas attorney help in making your will. Even if your will is quite simple, and you have all the formalities figured out, it's still easy to make mistakes without a good once-over by a professional.